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SCA/12507/2011 3/ 3 ORDER
IN
THE HIGH COURT OF GUJARAT AT AHMEDABAD
SPECIAL
CIVIL APPLICATION No. 12507 of 2011
=========================================================
RAJDIPSINH
ANIRUDDHSINH JADEJA - Petitioner(s)
Versus
STATE
OF GUJARAT & 2 - Respondent(s)
=========================================================
Appearance
:
MR.HIREN
M MODI for
Petitioner(s) : 1,
MR MAULIK NANAVATI, AGP for Respondent(s) :
1,
None for Respondent(s) : 2 -
3.
=========================================================
CORAM
:
HONOURABLE
MR.JUSTICE H.K.RATHOD
Date
: 29/08/2011
ORAL
ORDER
1. Heard
learned advocate Mr. Hiren Modi appearing for petitioner and learned
AGP Mr. Maulik Nanavati appearing for respondent nos.1 to 3.
2. In
present petition, order passed by respondent dated 2/5/2011 has been
challenged by petitioner. The application for compassionate
appointment has been made for Class-IV category by petitioner on
19/4/2010. His father has been died on 03/10/2009 during the course
of employment. The application of applicant has been rejected on two
grounds i.e.(1) there is delay of sixteen days in filing application
as per policy and (2) applicant has not cleared SSC examination
within a period of six months from date of death of his father.
3. Learned
advocate Mr. Hiren Modi for petitioner submitted that before
submitting application for compassionate appointment on 19/4/2010
petitioner had appeared in SSC examination in March, 2010 but result
has been declared subsequently in May-June, 2010 and therefore, he
submitted that let this aspect may be considered by respondent
because petitioner had appeared in SSC examination within a period of
six months from death of his father. He also submitted that there is
a delay of sixteen days only and same may be condoned and consider
application of petitioner for compassionate appointment as per policy
dated 10/3/2000.
4. In
light of above submissions made by learned advocate Mr. Modi for
petitioner, it is directed to respondent no.1 to reconsider decision
dated 2/5/2011 and consider that in March, 2010 petitioner has
appeared in SCC examination i.e. before submitting application on
19/4/2010 by petitioner for compassionate appointment and result of
said examination is received by petitioner in May-June, 2010 wherein
petitioner has cleared SSC examination and also consider delay of 16
days in submitting application sympathetically. Let this entire
aspect may be reexamined and reconsidered on the basis of aforesaid
facts stated by learned advocate Mr. Modi for petitioner. For that
let petitioner may make detailed representation to respondent no.1
within a period of one month from receiving copy of present order and
supply all documents in support of representation to respondent no.1.
As and when respondent receives such representation from petitioner,
it is directed to respondent no.1 to reconsider and reexamined order
dated 2/5/2011 considering policy dated 10/3/2000 and also
considering fact that before submitting application for compassionate
appointment on 19/4/2010 petitioner had appeared in SSC examination
in March, 2010 that means within six months from the date of death of
his father and then pass appropriate reasoned order in accordance
with law and communicate decision to petitioner immediately.
5. In
view of above observations and directions, present petition is
disposed of by this Court without expressing any opinion on merits.
However, if ultimate decision is adverse to petitioner, it is open
for petitioner to challenge same by way of filing appropriate
proceedings before appropriate forum in accordance with law. Direct
service is permitted.
(H.K.RATHOD,
J.)
(ila)
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